2013 Ohio 2867
Ohio Ct. App.2013Background
- Craig Dakin, as administrator of the estate of Gracie Lynn Dakin, sued Springboro Pediatrics and Dr. Charles Hutchison for medical malpractice after Gracie died of acute streptococcal bronchopneumonia two days after being seen by Hutchison. An affidavit of merit from Dr. Mark T. Hash accompanied the complaint.
- The trial court set expert-identification and report deadlines: experts disclosed by July/August 2011; the trial was set for November 5, 2012. Appellant disclosed only Dr. Hash as an expert.
- Dr. Hash was deposed December 6, 2011; he testified he could not say how long the pneumonia had been present or whether it would have been detectable by chest x-ray at the time of Hutchison’s exam.
- On October 4, 2012 (about one month before trial), appellant moved for a continuance and leave to name additional experts, asserting he had since located an expert who could testify causation to a reasonable degree of medical certainty. Defendants objected.
- The trial court denied the continuance and later granted summary judgment for defendants because appellant conceded he had no admissible evidence of causation without the additional expert testimony. The appellate court affirmed, finding no abuse of discretion in denying the continuance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying a last‑minute continuance and leave to designate an additional expert | Dakin argued the need for an additional expert arose only after Dr. Hash’s deposition and the court should continue trial so he can present causation testimony | Defendants argued they followed scheduling orders, were prepared for trial, and would be prejudiced by a continuance; appellant delayed and failed to comply with deadlines | Denial of continuance was not an abuse of discretion: appellant had ample time before deadlines, waited nearly 10 months after the deposition to move, and the delay was attributable to appellant; summary judgment for defendants affirmed |
Key Cases Cited
- State v. Unger, 67 Ohio St.2d 65 (Ohio 1981) (factors for evaluating motions for continuance)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (standard for abuse of discretion review)
- Silver v. Jewish Home of Cincinnati, 190 Ohio App.3d 549 (12th Dist. 2010) (discovery rulings committed to trial court’s discretion)